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HB 144

Elect State Board of Education/Superintendent as State Board of Education Chair.

2025-2026 Session Introduced by Jennifer Balkcom and 18 co-sponsors

Convert most SBE seats to elected from districts; Superintendent becomes ex officio chair, shifting accountability from governor to voters.

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Bill Summary · HB 144

Summary — HB 144: “Elect State Board of Education / Superintendent as State Board of Education Chair” (NC constitutional amendment proposal)

Status: Passed 1st Reading (Feb 2025). Filed Feb 17, 2025. Submitted to statewide referendum Nov 2026. If approved, effective Jan 1, 2028; applies to terms beginning Jan 1, 2029.

Main purpose

HB 144 proposes a constitutional amendment to restructure North Carolina’s State Board of Education (SBE) by converting most appointed members into elected members and by making the Superintendent of Public Instruction an ex officio member and the chair of the Board. It also changes procedural rules for legislation that revises SBE election districts.

Key provisions

  • Membership change:
    • Replaces the existing structure (Council of State members plus 11 gubernatorial appointees) with a Board composed of the Superintendent of Public Instruction (ex officio, to serve as chair) and a number of elected members.
    • Elected membership size is tied to districts established by the General Assembly (ballot language: elected members “from districts established by the General Assembly”).
  • Election and terms:
    • Elected members serve overlapping four‑year terms (current appointed terms are eight years).
    • Members are elected by voters in districts established by the General Assembly.
  • Vacancies:
    • Vacancies for elected Board members are to be filled “in a manner provided by law” (i.e., by statute rather than gubernatorial appointment-confirmation as under current text).
  • Legislative procedure:
    • Amends Article II, Section 22(5) to include bills revising SBE district boundaries among those that must be read three times before becoming law (paralleling other redistricting bills).
  • Ballot and effective dates:
    • Amendment submitted to voters in November 2026.
    • If ratified, Section 1 takes effect Jan 1, 2028 and applies to terms beginning Jan 1, 2029.

Who is affected

  • Current and future members of the State Board of Education (appointment process eliminated for most seats).
  • The Governor (reduction in gubernatorial appointment power over SBE).
  • Superintendent of Public Instruction (becomes ex officio member and chair of SBE).
  • Voters: will elect SBE members from legislative-drawn districts.
  • General Assembly: gains responsibility to establish SBE election districts and to provide statutory rules for filling vacancies and election mechanics.
  • State and county election administrators (new elections for SBE seats, districting process).

Implementation and timeline issues

  • The General Assembly must enact implementing statutes: districting plan for SBE seats, election scheduling, vacancy procedures, and any transitional arrangements for incumbents.
  • Redistricting for new SBE seats would need to occur in time for elections that seat members by Jan 1, 2029.
  • Administrative and election costs: creating districts, administering additional statewide or district elections, updating ballots and voter information.

Potential impacts (practical considerations)

  • Governance: shifts SBE accountability from gubernatorial appointments to direct voter accountability; Superintendent gains formal leadership role on Board.
  • Political dynamics: elections may increase political responsiveness or politicization of the Board depending on campaign dynamics and partisan contests.
  • Legal/administrative: requires careful statutory drafting to address transition of terms, staggered elections, vacancy filling, and interaction with existing Council of State membership on the Board.

This summary describes the constitutional amendment language and anticipated procedural consequences; final effects will depend on implementing legislation if voters approve the amendment.

Compiled from official sources — confirm details with the bill’s official record.

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